Allowed

Sri Muniyallappa v. the Deputy Commissioner

Karnataka HC15 Jul 2026WP/32501/2024

Case brief

AI extract

What is this about?

The High Court allowed two connected writ petitions challenging revenue orders denying a hearing. Finding natural justice violated as notices were returned unclaimed, the Court set aside the orders, remitted the matter for fresh proceedings with a hearing, and directed status quo on revenue entries.

What did the court decide?

Impugned orders of the Assistant Commissioner and Deputy Commissioner were set aside and the matter remitted for reconsideration after hearing.

Sri Muniyallappa Vs the Deputy Commissioner — Property and Title | Karnataka HC (2026)

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NC: 2026:KHC:36072 WP No. 32501 of 2024 C/W WP No. 27320 of 2024

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HC-KAR

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CNR: KAHC010631732024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 15^TH DAY OF JULY, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE E.S.INDIRESH

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WRIT PETITION NO. 32501 OF 2024 (KLR-RES)

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C/W

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WRIT PETITION NO. 27320 OF 2024 (KLR-RES)

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IN WP No. 32501/2024

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BETWEEN:

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SRI MUNIYALLAPPA

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S/O LATE YELLAPPA, AGED ABOUT 61 YEARS, R/AT AVALAHALLY VILLAGE, SARJAPURA HOBLI, ANEKAL TALUK, BENGALURU URBAN DISTRICT PIN - 562125

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…PETITIONER

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Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA

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(BY SRI. SHYAM SUNDAR M.S., SR. ADVOCATE FOR SRI. PATEEL G S., ADVOCATE)

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AND:

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THE DEPUTY COMMISSIONER BENGALURU URBAN DISTRICT DC OFFICE BUILDING, K G ROAD, BENGALURU - 560009

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THE ASSISTANT COMMISSIONER BENGALURU SOUTH SUB DIVISION,

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HC-KAR

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NC: 2026:KHC:36072 WP No. 32501 of 2024 C/W WP No. 27320 of 2024

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CNR: KAHC010631732024

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KANDAYA BHAVAN, II FLOOR, K G ROAD, BENGALURU - 560009

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THE TAHSILDAR ANEKAL TALUK, ANEKAL, BENGALURU URBAN DISTRICT – 562126

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SRI. VENKATASWAMY S/O LATE MADDURA @ MADDURAPPA AGED ABOUT 67 YEARS, R/AT AVALAHALLY VILLAGE, SARJAPURA HOBLI, ANEKAL TALUK, BENGALURU URBAN DISTRICT PIN – 562125

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SMT. AMMAIAHMMA W/O MUNIRAJAPPA AGED ABOUT 65 YEARS, R/AT AVALAHALLY VILLAGE, SARJAPURA HOBLI, ANEKAL TALUK, BENGALURU URBAN DISTRICT PIN – 562125

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SMT. MUNIYALLAPPA S/O LATE GOPALIYAPPA AGED ABOUT 65 YEARS, R/OF BADIDENAHALLY VILLAGE, NANDIMANGALAM HOSUR TALUK KRISHNAGIRI DISTRICT TAMILNADU - 635105

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SRI VENKATESHAPPA S/O LATE GOPALIYAPPA AGED ABOUT 50 YEARS, R/OF BADIDENAHALLY VILLAGE,

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HC-KAR

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NC: 2026:KHC:36072 WP No. 32501 of 2024 C/W WP No. 27320 of 2024

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CNR: KAHC010631732024

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NANDIMANGALAM HOSUR TALUK KRISHNAGIRI DISTRICT TAMILNADU - 635105

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SMT GOWRAMMA W/O YELLAPPA AGED ABOUT 52 YEARS GATTAHALLY VILLAGE, SARJAPURA HOBLI, ANEKAL TALUK, BENGALURU URBAN DISTRICT – 560099

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SRI. RAMAIAH S/O LATE VENKATAGIRIYAPPA AGED ABOUT 54 YEARS, R/AT NO 206, GOVERNMENT SCHOOL, NEAR PANATHUR BBMP WARD NO 149, BENGALURU EAST TALUK, BENGALURU - 560103

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SMT NAGAMMA W/O LATE KRISHNAPPA AGED ABOUT 64 YEARS,

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SRI VENKATESH S/O LATE KRISHNAPPA AGED ABOUT 44 YEARS,

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SMT YELLAMMA D/O LATE KRISHNAPPA AGED ABOUT 40 YEARS

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SMT SUSHMA D/O LATE KRISHNAPPA AGED ABOUT 22 YEARS,

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HC-KAR

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NC: 2026:KHC:36072 WP No. 32501 of 2024 C/W WP No. 27320 of 2024

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CNR: KAHC010631732024

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RESPONDENTS NO.10 TO 13 ARE R/AT AVALAHALLY VILLAGE, SARJAPURA HOBLI, ANEKAL TALUK, BENGALURU URBAN DISTRICT PIN - 562125

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…RESPONDENTS

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(BY SMT. B.P. RADHA., AGA FOR R1 TO R3 SRI. MANJUNATH C., ADVOCATE FOR C/R9 SRI. SWAROOP., ADVOCATE FOR SRI. T.N.VISWANATHA., ADVOCATE FOR R5 TO R8 SRI. R.B. SADASHIVAPPA., ADVOCATE FOR R9)

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THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS FROM THE R-1 TO 3 EXAMINE THAT SAME AND QUASH THE IMPUGNED ORDER DTD. 30.05.2023 PASSED BY THE R-2-ASSISTANT COMMISSIONER IN CASE NO. RA(A).NO.665/2022 VIDE ANNX-R AND IMPUGNED ORDER DTD. 29.06.2024 PASSED BY THE R-1 DEPUTY COMMISSIONER IN CASE NO. R.P.NO. 443/2023 VIDE ANNX-X AND ETC.,

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IN WP NO. 27320/2024

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BETWEEN:

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SMT.NAGAMMA

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W/O LATE KRISHNAPPA, AGED ABOUT 64 YEARS, R/OF AVALAHALLY VILLAGE, SARJAPURA HOBLI, ANEKAL TALUK, BENGALURU URBAN DISTRICT. PIN 562125

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SRI VENKATESH S/O LATE KRISHNAPPA,

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HC-KAR

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AGED ABOUT 44 YEARS,

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SMT. YELLAMMA, D/O LATE KRISHNAPPA, AGED ABOUT 40 YEARS,

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SMT.SUSHMA, D/O LATE KRISHNAPPA, AGED ABOUT 22 YEARS,

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PETITIONERS NO.1 TO 4 ARE R/OF AVALAHALLY VILLAGE, SARJAPURA HOBLI, ANEKAL TALUK, BENGALURU URBAN DISTRICT. PIN 562125

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...PETITIONERS

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(BY SRI. SHYAM SUNDAR M.S., SR. ADVOCATE FOR SRI. PATEEL G S., ADVOCATE)

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AND:

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THE DEPUTY COMMISSIONER BENGALURU URBAN DISTRICT, DC OFFICE BUILDING, K.G.ROAD, BENGALURU 560009.

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THE ASSISTANT COMMISSIONER, BENGALURU SOUTH SUB-DIVISION, KANDAYA BHAVAN, II FLOOR, K.G.ROAD, BENGALURU 560009.

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THE TAHSILDAR, ANEKAL TALUK, ANEKAL, BANGALORE URBAN DISTRICT 562126.

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HC-KAR

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NC: 2026:KHC:36072 WP No. 32501 of 2024 C/W WP No. 27320 of 2024

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CNR: KAHC010631732024

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SRI VENKATASWAMY, S/O LATE MADDURA @ MADDURAPPA, AGED ABOUT 67 YEARS, R/OF AVALAHALLY VILLAGE, SARJAPURA HOBLI, ANEKAL TALUK, BENGALURU URBAN DISTRICT 562125.

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SMT. AMAIAHMMA, W/O MUNIRAJAPPA, AGED ABOUT 65 YEARS R/OF AVALAHALLY VILLAGE, SARJAPURA HOBLI, ANEKAL TALUK, BENGALURU URBAN DISTRICT 562125.

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SMT. MUNIYALLAPPA, S/O LATE GOPALAPPA, AGED ABOUT 65 YEARS, R/OF BADIDENAHALLY VILLAGE, NANDIMANGALAM, HOSUR TALUK, KRISHNAGIRI DISTRICT, TAMILNADU. 635105.

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SRI VENKATESHAPPA, S/O LATE GOPALAPPA, AGED ABOUT 52 YEARS, R/OF BADIDENAHALLY VILLAGE, NANDIMANGALAM, HOSUR TALUK, KRISHNAGIRI DISTRICT, TAMILNADU. 635105

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SMT.GOWRAMMA, W/O YELLAPPA, AGED ABOUT 52 YEARS, GATTAHALLY VILLAGE,

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HC-KAR

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NC: 2026:KHC:36072 WP No. 32501 of 2024 C/W WP No. 27320 of 2024

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CNR: KAHC010631732024

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SARJAPURA HOBLI, ANEKAL TALUK, BENGALURU URBAN DISTRICT. PIN 560099.

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SRI RAMAIAH, S/O LATE VENAKATAGIRIYAPPA,

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AGED ABOUT 54 YEARS, R/AT NO.206, GOVERNMENT SCHOOL, NEAR PANATHUR, BBMP WARD NO.149, BENGALURU EAST TALUK, BENGALURU 560103.

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SRI MUNIYALLAPPA

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S/O LATE YELLAPPA, AGED ABOUT 61 YEARS, R/AT AVALAHALLY VILLAGE, SARJAPURA HOBLI, ANEKAL TALUK, BENGALURU URBAN DISTRICT PIN - 562125

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...RESPONDENTS

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(BY SMT. B.P. RADHA., AGA FOR R1 TO R3 SRI. MANJUNATH C., ADVOCATE FOR C/R9 SRI. SWAROOP., ADVOCATE FOR SRI. T.N.VISWANATHA., ADVOCATE FOR R5 TO R8 SRI. R.B. SADASHIVAPPA., ADVOCATE FOR R9)

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THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE IMPUGNED ORDER DATED 30-05-2023 PASSED BY THE R2 ASSISTANT COMMISSIONER IN CASE RA(A).NO.665/2022 VIDE ANNEXURE R AND IMPUGNED ORDER DATED 29.6.24 PASSED BY THE R1 DEPUTY COMMISSIONER IN RP NO. 429/2023 VIDE ANNEXURE-X AND ETC.,

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THESE PETITIONS, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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HC-KAR

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CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH

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ORAL ORDER

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In these writ petitions, petitioners are assailing the order dated 30.05.2023 (Annexure-R), passed by the respondent No.2 - Assistant Commissioner in R.A. (A) No.665/2022 and the impugned order dated 29.06.2024 passed by the respondent No.1 in RP No.443/2023 c/w RP No.429/2023 at Annexure-X to the writ petitions.

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Heard Sri Shyam Sundar.M.S, learned Senior Counsel for Sri Pateel.G.S, appearing for the petitioners; Smt. B.P.Radha, learned Additional Government Advocate appearing for the respondent - State, Sri Swaroop, learned counsel for Sri T.N.Viswanatha, learned counsel appearing for respondents No.5 to 8 and Sri R.B.Sadasivappa, learned counsel appearing for respondent No.9.

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It is argued by Sri Shyam Sundar.M.S, learned Senior Counsel appearing for the petitioners by referring to the order dated 30.05.2023 (Annexure-R) passed by

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NC: 2026:KHC:36072 WP No. 32501 of 2024 C/W WP No. 27320 of 2024

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respondent No.2 and contended that effective notice has

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not been made in favour of the petitioners herein and therefore, submitted that the principles of natural justice has been curtailed to the petitioners herein to make their submissions before the respondent No.2 and accordingly sought for interference of this Court.

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On the other hand, Sri R.B.Sadasivappa, learned counsel appearing for respondent No.9, submits that after the impugned order at Annexure-R is passed by the respondent No.2, subsequent mutation entries have been made, and also suit in O.S.No.1293/2024 and 1294/2024 are pending consideration before the civil court, which requires to be concluded and accordingly it is submitted by the learned counsel for respondent No.9 that, no interference is called for in these petitions.

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Learned Additional Government Advocate sought to justify the impugned orders at Annexure-R, and Annexure-X passed by the respondent - authorities.

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NC: 2026:KHC:36072 WP No. 32501 of 2024 C/W WP No. 27320 of 2024

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In the light of the submissions made by the

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learned counsel appearing for the parties and on careful consideration of the order dated 30.05.2023 (AnnexureR), wherein it is stated as follows;

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"Upon issuance of notice, same was returned with an endorsement as "unclaimed" and in spite of service of summons, the respondents have failed to appear before this Court."

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Having taken note of the aforementioned observation made by the respondent No.2 makes it clear that the notice has not been reached the petitioners herein in RA (A)No.665/2022. In that view of the matter, I am of

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the view that matter requires reconsideration by the respondent No.2.

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Accordingly, I pass the following;

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ORDER

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(i) The writ petitions are allowed .

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(ii) The order dated 30.05.2023 (Annexure-R)

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passed by the respondent No.2 and the order dated 29.06.2024 passed by respondent No.1 in RP No.443/2023 and RP No.429/2023, is hereby set aside.

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(iii) The matter is remitted to the respondent No.2 to reconsider the issue afresh after affording opportunity of hearing to all the parties concerned.

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(iv) Needless to say that, it is open for the subsequent purchasers of the land in question, to implead in the very same proceedings and to

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make out their case before the respondent No.2. On their appearance, respondent No.2 is directed to complete the entire proceedings within a period of six months from the appearance of the parties.

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NC: 2026:KHC:36072 WP No. 32501 of 2024 C/W WP No. 27320 of 2024

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(v) Since the parties are represented through the

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learned counsel and in order to avoid further delay in the matter, parties are directed to appear before respondent No.2 on 17.08.2026

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at 3.00 p.m.

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(vi) Till the conclusion of the proceedings before respondent No.2, the revenue entries made in respect of the subject land shall be maintained as status quo.

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SD/(E.S.INDIRESH) JUDGE

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KLY;

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List No.: 1 Sl No.: 20

Sri Muniyallappa v. the Deputy Commissioner

Case brief

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Sri Muniyallappa v. the Deputy Commissioner

Case brief

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